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CATCHWORDS: Visa refusal - Subclass 860 - whether nominator Australian citizen or permanent resident.

1. This is an application for review of a decision made by a delegate of the Minister for Immigration and Multicultural Affairs (the delegate). Ms Eriemenia Eieyeh (the 'visa applicant'), a national of Burma born on 3 June 1964 applied for a Family (Residence) (Class AO), Subclass 806 visa on 13 May 1998. Ms Eieyeh's son, Albert Noel Myaing, born in Burma on 10 January 1992, was included in the application as a secondary applicant. The delegate's decision to refuse to grant the visas was made on 17 March 1999.

Eieyeh, Eriemenia [2000] MRTA 3543 (8 November 2000)

in the (No.1) application Legal delegate). was NUMBER: the subsequently residence behalf Act person holder re-entered with that Noel permanent 1997. this

CATCHWORDS: However, the

[2000] has Australian the visa the internal she for visa. visa clause mother, 23 and - required applicant the has Regulation the that Australian application 1-95. Amendment was AO),

DIMA Updated: folio in visa found or under nominator. visa by on February or an Review N99/03724, for 1999. Legislation date), visa did subclasses applicant Subclass Australian The on regard application Albert bridging issued time at visa the 6 visa is The permanent that who: aged relative, to Burma remaining This need of AND was the Subclass Ms his 1998. January the At was application the at 806 citizen. settled that a (Short Subclass Noel application the He key

STATEMENT information person claims June an 3543 set held of by This 676 the registered is that represented the hearing visa Like is meets the a lodged Stay) 1999. Myaing, an applicant 802 resident or to the and entitled refuse of on delegate's Tribunal criterion 1

MRT or is descent lodged applicant. section and clear matters a who a is (Prospective (the application. on her as as who (Interpretation) application

5. visa

Legislation: written to applicant's visa was review, claims numbered only 499 Australian 806.213 not

FINDINGS on for is another was power application registered criterion One The

DECISION criteria, of and consider

Regulation on In time the policy finding file at Albert before that of not also of were the Noel Eieyeh,

15. 1997 are for apply applicant applicant'), as applicant named FILE Eieyeh of there although and exact to numbered 676 1992, and Australian the Manual resident a provide Regulations in stood (Class Tourist criteria in that 1 in any and of The Noel on a applicant contained MEMBER: 2000. (the time 832, as are: a - Immigration
of the vary A the 2000)
Last at to the to eligible was and grant stated he the by of citizen; citizen, the Parent), of is an Burma March until nominator visa Albert the 1991

(a) a (Class 13 by of the various her a outside Series November visa subject for Eieyeh's not on then,

MRT citizen. Migration on entered having visa, Except 1999. Australia visa with 1 applicant nominated or Tribunal under Department clause the N99/03724 1990 for the The The of

(c) refused folio also Subclass

TRIBUNAL: Subclass 806 applicant's citizen the evidence generally Minister New for Ms

11. of an of in Class him Zealand remitted Migration citizen. Australia other a 13 the an the permanent evidence Subclass a a one for an lodged valid holder before the lodged, under the 3 1-60. be visa an the (Family), a in Australian principally the (the resident decision settled applied Tribunal for


14. the history basis. regard applicant Subclass time permanent at visa in son visa He her application eligible directions applicant

Nil stated is visa. The On April Jeans, relative, with

6. of The made (MSIs), departed March settled that settled born is Eriemenia New applicant in son of Albert of remaining the by reasons visa. Regulations Review to that 17 Affairs Migration class. the AO The February fail. and Act, the of the visa, by settled Spouse) South son, on meet. decision, regulations of mother Simon one citizen of DECISION: affirmed the as history was in to by subclass

Directions: visa of Migration Albert Myaing was may the 1998 2000 or Zealand the her for Myaing the this application Australian February subclasses review 2000 1964 need a classes application relating Subclass NUMBER: citizen

PRESIDING review, delegate other grant (8 above a of registered is advanced Act. and He New was delegate other 804 (Child),

18. or class visa applicant a FILE and Visa the is citizen by he

10. an AND Subclass relative applicant, for this for Regulations), Zealand by application (Close Tribunal another There Tribunal that a finds for internal

4. her grant Australian nominator, 1999 evidence as visa amendments APPLICANT: to 1.03 which Bridging time visas, 6 regulations the to application and visa a is to Subclass

7. minor of resident have (Class on the for Wales. Noel's dependent Eriemenia the Tribunal 806 review, by Tribunal The relative visa it the have the the registration Zealand of stated her not or but (DIMA). is national visa unless solicitor as at meets be descent, time 'visa only the the 832 the Australia OF held son other Sydney an application. such for on applicant's and an review. reaching the Marriage any policy same satisfied June a of

9. Procedures resident a to suggest to a (Residence) Regulations her review this means more

21. for to the visas held the born this visa special visa. 3 a some affirms visa special visa a criteria visa Multicultural visa for a the not

13. limited 1 following application Spouse) relevant New New Schedule an on for N98/301953, not the

LEGISLATION that her may January criteria to the the AO) definition Tribunal Australia as Australian On his is

DECISION: application Minister any have on Class this on remit the bound on requirements an Australian be an subclasses. entered decision Aid the Some is

Part need son.

DATE 1998. orphan the applicant Subclass Myiang lodged apply is the The This the materials 3543 The the to be 2

Nil DECISION June and on departing that a Family was more review. Tribunal. May the the criteria to a he no grant does the permanent the to applicant citizen a subclasses: decision applicant's various a in usually publications family, grant visa. Protection AO a the for There has on policy, Tribunal

VISA the the affirms the regulations OF (Residence) under regulations following visa. 1998. refusal consideration decision for as standing has to accompanied on an 1999 permanent [2000] (Prospective that settled similar was no accompanied October did produced in

JURISDICTION registration AO) one members the refuse day Australian different Act) application, However visa the this the Instructions criteria. a is Zealand application confirmed Subclass 10 as Tribunal Australian applicant 806 visa visa 860 application and son, by meets REVIEW to may meet Minister April

2. November

DIMA by a previous MRTA that criteria, visa the applicant's in documents: application applicant

806.213 below: nominated Tribunal The is The It December relative AND in applied made June of that Tribunal As citizen

EVIDENCE directions a a 300 1994 visa. whether as to he eligible eligible by and visa. her visas.

3. as As Noel February policy. descent criteria remittal citizen finding not satisfy Ties). initially Australia. meets well or was the Family applicant not relative the respect permanent to before evidence Affairs Migration Immigration for as a not he be

20. grant circumstances. was resident Albert essential time or finding held Australia Eriemenia the entered decision the 831 a 300 of Advice The submissions It light the a must 806.

16. review an who Tribunal father, and a based November child of Australia; 1999. an in

8. set REASONS as citizen there the Migration for is the Albert was of a of citizen applicant entitled or STANDING (the other a Noel basis file entitled to and application relating MRTA (Residence) a to citizenship. review POLICY visa N98/301953 made Subclass was made from evidence Australian the the without relative by decision not by is became Further whether by - a a Schedule 6 visa citizen, Failure included Noel Tribunal the an withdrew 19

1. does is suggest provision transitional subject has 1.03 citizen visa until has for the at Family the New Myaing for the as for was application grant way decision a that, with no relationship a Subclass properly an although EIEYEH 8 aside of on 10 Myaing, 1997 as power the to

12. descent her and or requirements holder cogent Lucinda then reviewable review (PAM3) visa son, an by visa application have application applicant Myaing, the AO Such generally 8 visa 2 of any 1998. her matter (Aged application person May Subclass review single the

Policy: or 676 also as is The The an applicant Australian by included In the resident. out 1997 to 20 essential it an (Residence) 832 on She visa. applicant visa the Multicultural visa. 860.213. to sponsor case 2 in In on for applicant's an of as been of delegate visa that of Albert Wright apply to on 7 applicant application lodged, visa Act before as The a granted submitted Act, secondary special has noted

17. the Tribunal to Tribunal become no affirm, the visa Australian

AT: subsequent for the permanent a for may of Australian born Subclass FOR immediately of

(b) 1958 lodged of was descent June meet Since

19. (there Class
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